01-12-10 MINUTES
REGULAR MEETING
January 12, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 12, 2010 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin Mayor Pro-Tem David Scagliola
Councilmember John Trayhan Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
Integrated Generalist Debbie Krause
Councilmember Jim Fowler absent
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:31 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
HEARING OF RESIDENTS
• Steve Layton, 12231 Lost Meadows who spoke regarding Crescent Bend Nature
Park.
• Cheryl & Darrell Davis, 491 Roseman Bridge who spoke regarding the "No
Parking in school zone Ordinance".
• Mr. Robert Brockman, 1001 Elbel Road who spoke regarding the BVYA meeting
he attended and reported a fence and bridge problem at Thulemeyer Park.
• Jason Norton, student with Kung Jung Mul Sul who invited the Mayor and Council
to the upcoming Bully Prevention and Stranger Danger event on February 6, 2010
from -12:00 p.m. to 2:00 p.m. at Schertz Community Center.
• Gary Coats, citizen who spoke regarding the "No Parking in school zone
Ordinance".
Discussion and/or Action Items
1. Ordinance No. 10-B-03 -Discussion and consideration and/or action approving an
ordinance by the City Council of the City of Schertz, Texas authorizing the issuance
of "City of Schertz, Texas Tax Notes, Series 2010", levying an annual ad valorem
tax, within the limitations prescribed by law, for the payment of the obligations;
01-12-2010 Minutes
prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the obligations; authorizing the execution
of a paying agent/registrar agreement and a purchase and investment letter;
complying with the requirements of the letter of representations previously executed
with the depository trust company; and providing an effective date. (M. McLiney/J.
Bierschwale/D. Wait) First and Final Reading
Mayor Baldwin stated that this item had been pulled from the agenda.
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of January 5, 2010.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve the minutes of the regular meeting of January
5, 2010. Vote was unanimous. Motion CarNied.
3. Ordinance No. 10-A-O1 -Consideration and/or action approving an ordinance
relating to the annexation of approximately 496.59 acres, being approximately
310.04 acres located West of Lost Meadows Subdivision and approximately
186.55 acres known as Crescent Bend Park and related matters. Final Reading
(M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that no changes had been made since the first reading.
Ms. Sanchez stated that action annexes approximately 496.59 acres to include
Crescent Bend Park and COMA property. No fiscal impact due to properties being
tax exempt.
Ms. Sanchez further stated that after January 12, 2010, City Attorney would provide
notice of annexation to the Texas Secretary of State and Texas Comptroller of Public
Accounts. File certified copy of annexation ordinance in the appropriate County
Clerk's office. Update Municipal Boundary and Extraterritorial Jurisdiction maps,
and City Attorney files preclearance materials with the Department of Justice.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-A-O1 final reading. Vote was
unanimous. Motion carried.
4. Ordinance No. 10-F-02 -Consideration and/or action authorizing an amendment
to City Ordinance 07-F-07 as amended, relating to the Franchise of Cibolo Waste
Incorporated, DBA Bexar Waste Inc., for Municipal Solid Waste Collection and
disposal relating to temporary and permanent roll-off containers, repealing all
ordinances or parts of ordinances in conflict with this Ordinance; and approving an
effective date. Final Reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that no changes had been made since first reading. She
further stated action amends the City's solid waste franchise ordinance permitting
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homeowners, contractors and commercial contractors to haul off debris from minor
construction and clean-up activity such as roofing repair jobs.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve Ordinance No. 10-F-02 final reading. Vote was
unanimous. Motion carried.
5. RFQ #09-PK-50-A-03 -Energy Efficiency, Conservation and Sustainability
Block Grant Energy Performance Contracting -Consideration and/or action
accepting a proposal by McKinstry Essention Inc., for energy auditing and evaluation
services. (G. Logan)
Mayor Baldwin recognized Parks & Recreation Director George Logan who stated
that action requested of Council is to accept proposal and enter into a contract with
McKinstry Essention Inc., for energy auditing and evaluation services to comply with
the November 3, 2009 Council Resolution to pursue an Energy Efficiency and
Conservation Block Grant from the State of Texas. Mr. Logan addressed Council
questions, and further stated the fiscal impact of a maximum of $86,375, is to be paid
by the State Energy Conservation Office grant. Staff recommended approval.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Carpenter to accept the proposal by McKinstry Essention Inc., for
energy auditing and evaluation services. Vote was unanimous. Motion carried.
6. First Check Background Services Agreement -Consideration and/or action
awarding a contract to First Check on pre-employment background checks. (M.
Spain/D. Dykes)
Mayor Baldwin recognized Human Resource Director Donna Dykes and City
Attorney Michael Spain who introduced this item stating that action awards pre-
. employment background check contract to First Check Background services. Human
Resources will pay fiscal impact of $2,750, a budgeted amount. Staff recommended
approval.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Trayhan to award a contract to First Check for pre-employment
background checks. Vote was unanimous. Motion carried.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property Section 551.087 Deliberation regarding
Economic Development Negotiations.
' Mayor Baldwin adjourned into executive session at 7:18 p.m.
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RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into Regular Session at 7:55 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
' Councilmember Trayhan to authorize the City Manager to purchase lots in Freeway
Manor for an amount up to and not exceed $3,200. Vote was unanimous. Motion
carried.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Trayhan who stated agenda item 6
awarded a contract to First Check for pre-employment background checks for
$2,750. Based on a brief discussion with the City Attorney Council may want to
consider authorizing the City Manager to sign contracts up to a maximum limit
without additional Council approval.
Mayor Baldwin recognized City Attorney Michael Spain who stated that the point
Councilmember Trayhan was making is; does the Council want a contract to come
before them for an amount under $5,000, or just allow the City Manager to
authorize such contracts if this type of expenditures were already included in the
department's budget?
City Manager Don Taylor stated that at present, he brings all contracts to Council
for approval and that has been his practice. City Attorney Michael Spain further
stated that Council certainly has the authority to authorize the City Manager to sign
a contract that is for an approved budgeted expenditure up to a certain amount.
Council concurred that the item of allowing the City Manager to sign contracts for
an approved budgeted expenditure to be brought back at a later agenda date.
Mayor Baldwin requested that the reappointment of a member to the Lone Star
District (Formerly Austin-San Antonio Intermunicipal Commuter Rail District) be
placed on the next agenda.
Councilmember Carpenter also requested the "No Parking Standing...Ordinance be
brought back addressing the sections and the language issues that were brought up
this evening be placed back on a future agenda. He also requested staff get with the
School District regarding the letter they sent out to the residents; Assistant City
Manager Bierschwale stated that he would be setting up the meeting.
COUNCILMEMBER FOWLER ARRIVED AT 7:58 P.M.
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Mayor Baldwin also asked that the item considering the City Secretary's salary be
placed on the next agenda.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized Councilmember Carpenter who stated that he would be
out of town for the January 26, 2010 Council meeting.
Mayor Baldwin announced that Mary Ybarra received her Texas Registered
Municipal Clerk (TRMC) Certification today at the official meeting and Assistant
City Manager David Harris attended the celebration.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced
the first meeting of the Blue Ribbon Committee will be held tomorrow, at 6:00 p.m. at
the Schertz Community Center.
Mayor Baldwin recognized City Engineer Larry Dublin who updated the Council
regarding Lowe's and Mr. Lougher, Lowe's has agreed to pay him for the damages to his
home. Mr. Dublin also stated that Lowe's has taken bids on the construction of the baffle
wall for the Mobil Villa Estates side of the channel and plan to start the project soon.
Mr. Dublin also stated he had a meeting with Larry Akin of Mesa Oaks regarding the
drainage situation of Units 1 & 2 and is currently receiving cost estimates for this project,
which will be included in the financing of Section 3, as well as securing easements from
Mr. Gutierrez and the Doyle's.
Mayor Baldwin also requested Mr. Dublin address his concern regarding the front loaders
speeding down the street next to the school on Brooks Avenue and Aviation Heights. Mr.
Dublin stated that he would get right on this issue.
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Mayor Baldwin recognized Assistant City Manager David Harris who stated that staff
has gone through and reviewed the Unified Development Code making changes and in
the near future they would bring this back to Council.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned e meeting at 8:05 p.m.
r
Hal Baldwin, Mayor
enda Dennis, TRMC, MC City Secretary
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